sec.84Warrants—applications made other than in person

### sec.84 Warrants—applications made other than in person An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location. Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. The authorised officer may apply for the warrant before the application is sworn. After issuing the warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy. If it is not reasonably practicable to fax a copy of the warrant to the authorised officer— the magistrate must— tell the authorised officer what the terms of the warrant are; and tell the authorised officer the date and time the warrant was signed; and record on the warrant the reasons for issuing the warrant; and the authorised officer must— complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. The facsimile warrant, or the warrant form properly completed by the authorised officer, is authority for the entry and the exercise of the other powers authorised by the warrant issued by the magistrate. The authorised officer must send to the magistrate— the sworn application; and if a warrant form was completed by the officer—the completed warrant form. The sworn application form and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity. When the magistrate receives the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate. If— in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and the warrant is not produced in evidence; the court must presume the exercise of a power was not authorised by a warrant unless the contrary is proved. (sec.84-ssec.1) An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location. (sec.84-ssec.2) Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. (sec.84-ssec.3) The authorised officer may apply for the warrant before the application is sworn. (sec.84-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy. (sec.84-ssec.5) If it is not reasonably practicable to fax a copy of the warrant to the authorised officer— the magistrate must— tell the authorised officer what the terms of the warrant are; and tell the authorised officer the date and time the warrant was signed; and record on the warrant the reasons for issuing the warrant; and the authorised officer must— complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. (sec.84-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised officer, is authority for the entry and the exercise of the other powers authorised by the warrant issued by the magistrate. (sec.84-ssec.7) The authorised officer must send to the magistrate— the sworn application; and if a warrant form was completed by the officer—the completed warrant form. (sec.84-ssec.8) The sworn application form and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity. (sec.84-ssec.9) When the magistrate receives the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate. (sec.84-ssec.10) If— in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and the warrant is not produced in evidence; the court must presume the exercise of a power was not authorised by a warrant unless the contrary is proved. - (a) urgent circumstances; or - (b) other special circumstances, including, for example, the authorised officer’s remote location. - (a) the magistrate must— (i) tell the authorised officer what the terms of the warrant are; and (ii) tell the authorised officer the date and time the warrant was signed; and (iii) record on the warrant the reasons for issuing the warrant; and - (i) tell the authorised officer what the terms of the warrant are; and - (ii) tell the authorised officer the date and time the warrant was signed; and - (iii) record on the warrant the reasons for issuing the warrant; and - (b) the authorised officer must— (i) complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. - (i) complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and - (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. - (i) tell the authorised officer what the terms of the warrant are; and - (ii) tell the authorised officer the date and time the warrant was signed; and - (iii) record on the warrant the reasons for issuing the warrant; and - (i) complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and - (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. - (a) the sworn application; and - (b) if a warrant form was completed by the officer—the completed warrant form. - (a) in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and - (b) the warrant is not produced in evidence;